Improving the Use of DNA Evidence in the Malaysian Criminal Justice Process: Learning From International Experience

Abstract

DNA evidence is a significant tool in the criminal justice process. Its significance derives from the presumed reliability of the techniques used in DNA analysis, which has been regarded by scientists as the “gold standard” of forensic science, and because of the various roles it plays in the criminal justice process. DNA evidence can be used to identify crime perpetrators, exonerate the innocent and is also arguably an effective crime prevention tool. Despite its significance, international experience demonstrates that there are many issues in relation to the reliance on DNA evidence in the criminal justice process.

This thesis critically analyses the use of DNA evidence in the Malaysian criminal justice process. It argues that the current law and practice has failed to address five main issues: (1) the legislation for DNA collection and retention gives a very wide power, which may be abused, to the law enforcement authorities; (2) the law and practice with regard to the pre-trial and the trial process, particularly the law and practice related to the use of DNA evidence, is not able to ensure the reliability of the evidence when used during trials; (3) prosecution experts fail to correctly present DNA evidence during trials, particularly on the significance of a DNA match, which means their testimony has been biased towards the prosecution; (4) the lack of understanding of DNA evidence by the parties who are involved in the criminal justice process; (5) Malaysia does not utilise the potential of DNA evidence to rectify miscarriages of justice suffered by those who have been wrongly convicted.

This thesis proposes practical reforms based on international experience to address these issues in order to ensure that DNA evidence will be used fairly and appropriately in the criminal justice process in Malaysia.